VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-01101 Package ID: USCOURTS-cofc-1_20-vv-01101 Petitioner: Maureena Walker Filed: 2020-08-31 Decided: 2022-01-18 Vaccine: influenza Vaccination date: 2019-09-10 Condition: left shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 87590 AI-assisted case summary: Maureena Walker filed a petition for compensation under the National Vaccine Injury Compensation Program on August 31, 2020, alleging she suffered a left shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on September 10, 2019. Petitioner stated that she received the vaccine in the United States and that the residual effects of her SIRVA lasted for more than six months. The case was assigned to the Special Processing Unit. On December 10, 2021, the Respondent filed a report conceding that Petitioner's claim met the Table criteria for SIRVA and that she was entitled to compensation. The Respondent proffered an award of $87,590.00, which Petitioner accepted. On December 13, 2021, Chief Special Master Brian H. Corcoran issued a ruling on entitlement, finding Petitioner entitled to compensation. On January 18, 2022, Chief Special Master Corcoran issued a decision awarding Petitioner a lump sum payment of $87,590.00, representing compensation for all damages available under Section 15(a). The public decision does not describe the specific onset of symptoms, medical examinations, diagnostic tests, or treatments. Petitioner was represented by Jimmy A. Zgheib of Zgheib Sayad, P.C., and Respondent was represented by Jeremy Fugate of the U.S. Department of Justice. Theory of causation field: Petitioner Maureena Walker filed a petition alleging a left shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine on September 10, 2019. The Respondent conceded that Petitioner's claim met the Table criteria for SIRVA. The public text does not detail the specific mechanism of injury, expert testimony, or the medical evidence presented. Chief Special Master Brian H. Corcoran issued a ruling on entitlement on December 13, 2021, and a decision awarding damages on January 18, 2022. Petitioner was awarded a lump sum of $87,590.00. Attorneys for Petitioner were Jimmy A. Zgheib and for Respondent was Jeremy Fugate. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_20-vv-01101-0 Date issued/filed: 2022-01-12 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 12/13/2021) regarding 24 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:20-vv-01101-UNJ Document 29 Filed 01/12/22 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-1101V UNPUBLISHED MAUREENA WALKER, Chief Special Master Corcoran Petitioner, Filed: December 13, 2021 v. Special Processing Unit (SPU); SECRETARY OF HEALTH AND Ruling on Entitlement; Concession; HUMAN SERVICES, Table Injury; Influenza (Flu) Vaccine; Shoulder Injury Related to Vaccine Respondent. Administration (SIRVA) Jimmy A. Zgheib, Zgheib Sayad, P.C., White Plains, NY, for Petitioner. Jeremy Fugate, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On August 31, 2020, Maureena Walker filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the “Vaccine Act”). Petitioner alleges that she suffered a left shoulder injury related to vaccine administration (“SIRVA”), a defined Table injury, after receiving an influenza (“flu”) vaccine on September 10, 2019. Petition at 1, ¶¶ 4, 25-26. Petitioner further alleges that she received the vaccine in the United States, that she suffered the residual effects of her SIRVA for more than six months, and that neither she nor any other individual has filed a civil action or received compensation for her SIRVA. Id. at ¶¶ 4, 29-31. The case was assigned to the Special Processing Unit of the Office of Special Masters. 1 Because this unpublished Ruling contains a reasoned explanation for the action in this case, I am required to post it on the United States Court of Federal Claims' website in accordance with the E-Government Act of 2002. 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of Electronic Government Services). This means the Ruling will be available to anyone with access to the internet. In accordance with Vaccine Rule 18(b), Petitioner has 14 days to identify and move to redact medical or other information, the disclosure of which would constitute an unwarranted invasion of privacy. If, upon review, I agree that the identified material fits within this definition, I will redact such material from public access. 2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for ease of citation, all Section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2012). Case 1:20-vv-01101-UNJ Document 29 Filed 01/12/22 Page 2 of 2 On December 10, 2021, Respondent filed a combined Rule 4(c) Report and Proffer in which he concedes that Petitioner is entitled to compensation in this case. Respondent’s Rule 4(c) Report at 1. Specifically, Respondent has “concluded that [P]etitioner’s claim meets the Table criteria for SIRVA.” Id. at 4. In view of Respondent’s position and the evidence of record, I find that Petitioner is entitled to compensation. IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master 2 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_20-vv-01101-1 Date issued/filed: 2022-01-18 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 12/13/2021) regarding 25 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:20-vv-01101-UNJ Document 30 Filed 01/18/22 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-1101V UNPUBLISHED MAUREENA WALKER, Chief Special Master Corcoran Petitioner, Filed: December 13, 2021 v. Special Processing Unit (SPU); SECRETARY OF HEALTH AND Damages Decision Based on Proffer; HUMAN SERVICES, Influenza (Flu) Vaccine; Shoulder Injury Related to Vaccine Respondent. Administration (SIRVA) Jimmy A. Zgheib, Zgheib Sayad, P.C., White Plains, NY, for Petitioner. Jeremy Fugate, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On August 31, 2020, Maureena Walker filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the “Vaccine Act”). Petitioner alleges that she suffered a left shoulder injury related to vaccine administration (“SIRVA”), a defined Table injury, after receiving an influenza (“flu”) vaccine on September 10, 2019. Petition at 1, ¶¶ 4, 25-26. The case was assigned to the Special Processing Unit of the Office of Special Masters. On December 10, 2021, Respondent filed a combined Rule 4(c) Report and Proffer (“Rule 4(c) Report and Proffer”) conceding entitlement and indicating Petitioner should be 1 Because this unpublished Decision contains a reasoned explanation for the action in this case, I am required to post it on the United States Court of Federal Claims' website in accordance with the E- Government Act of 2002. 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of Electronic Government Services). This means the Decision will be available to anyone with access to the internet. In accordance with Vaccine Rule 18(b), Petitioner has 14 days to identify and move to redact medical or other information, the disclosure of which would constitute an unwarranted invasion of privacy. If, upon review, I agree that the identified material fits within this definition, I will redact such material from public access. 2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for ease of citation, all Section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2012). Case 1:20-vv-01101-UNJ Document 30 Filed 01/18/22 Page 2 of 2 awarded $87,590.00. Rule 4(c) Report and Proffer at 5-6. On December 13, 2021, I issued a ruling on entitlement, finding Petitioner entitled to compensation for her SIRVA. Respondent represented that Petitioner agrees with the proffered award. Rule 4(c) Report and Proffer at 6. Based on the record as a whole, I find that Petitioner is entitled to an award as stated in the Proffer. Pursuant to the terms stated in the combined Rule 4(c) Report and Proffer,3 I award Petitioner a lump sum payment of $87,590.00 in the form of a check payable to Petitioner. This amount represents compensation for all damages that would be available under Section 15(a). The clerk of the court is directed to enter judgment in accordance with this decision.4 IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master 3 Because the combined Rule 4(c) Report and Proffer contains information regarding Petitioner’s personal medical history, which is not generally included in a Proffer, when separately filed, I will not attach the Proffer to the decision in this case. 4 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by the parties’ joint filing of notice renouncing the right to seek review. 2